INTRODUCTION
Maritime transport is a critical pillar of Tanzania’s economy and a key enabler of its international trade. As a coastal country with access to the Indian Ocean, Tanzania serves as a strategic trade gateway for itself and several landlocked neighbouring countries, including Uganda, Rwanda, Burundi, Zambia, Malawi, and the Democratic Republic of Congo. (Haralambides et al., 2011). Tanzania’s major seaports, Dar es Salaam, Tanga, and Mtwara, facilitate over 90% of the country’s international trade. The Port of Dar es Salaam, in particular, is one of the busiest in East Africa and is a hub for both imports (such as machinery, fuel, and consumer goods) and exports (including minerals, agricultural produce, and manufactured goods). (Mwendapole & Jin, 2021). Tanzania’s ports are crucial not only for national trade but also for regional integration. They serve as entry and exit points for regional trade under frameworks such as the East African Community (EAC), Southern African Development Community (SADC) (Glukhov, 2024), and African Continental Free Trade Area (AfCFTA) (Joseph, 2023).
The maritime sector significantly contributes to Tanzania’s GDP through port fees, customs duties, and employment (Mpfubhusa & Devotha, 2025). It supports a wide range of economic activities, including shipping, logistics, warehousing, and freight forwarding. Efficient maritime transport reduces the cost and time of moving goods, directly impacting Tanzania’s competitiveness in global markets. Improvements in maritime infrastructure and regulation can lead to lower trade costs and higher export volumes (Richard, 2020)., Despite its importance, the sector faces numerous legal challenges, including regulatory inconsistencies, outdated legislation, weak enforcement mechanisms, and jurisdictional conflicts between mainland Tanzania and Zanzibar that affect overall trade performance. The purpose of this paper is to examine the legal challenges affecting maritime transport in Tanzania’s international trade and to propose legal reforms that align national maritime laws with international standards. It aims to enhance governance, regulatory coherence, and trade facilitation by addressing outdated legislation, enforcement gaps, and jurisdictional conflicts. In line with the objective, the paper is guided by the question of what legal challenges affect maritime transport in Tanzania’s international trade, and how the national maritime legal framework can be reformed to align with international standards and enhance trade efficiency. The paper also focuses on analysing Tanzania’s maritime legal framework, including key statutes such as the Merchant Shipping Act and the Maritime Transport Act, 2006, as well as international conventions like MARPOL, SOLAS, and the Djibouti Code of Conduct. It adopts a doctrinal legal research method, examining statutory provisions and judicial decisions to identify inconsistencies and enforcement gaps. The scope also includes a comparative analysis with international best practices to inform policy recommendations for harmonisation and reform.
A. Background and Context
The history of maritime trade in Tanzania is long and rich, shaped by its strategic location along the Indian Ocean. It has served as a vital link between Africa, the Middle East, India, and later Europe for centuries. Maritime trade in Tanzania also has ancient roots that predate colonial influence, tracing back to the first millennium Anno Domini (AD). The presence of Coastal settlements in Tanzania, such as Kilwa, Bagamoyo, and Zanzibar, flourished as major ports along the Swahili Coast, serving as vibrant centres of commerce within the Indian Ocean trade network (Allen, 1993). These ports facilitated the exchange of goods like gold, ivory, spices, and textiles with traders from the Middle East, India and East Asia (Sheriff, 1987). The maritime trade of this period was not only economic but also cultural, leading to the spread of the Islamic religion and the development of the Swahili culture. During the 18th and 19th centuries, Zanzibar, under Omani Arab rule, became a dominant hub in maritime trade, known particularly for its role in the spice trade and the East African slave trade (Sheriff, 1987).
During the colonial era, maritime trade in Tanzania underwent a transformation marked by infrastructure development and increased integration into global trade systems. Under German colonial rule (direct system of administration) from the 1880s to 1918, the port of Dar es Salaam was significantly developed to support the export of agricultural and mineral products from the interior to European markets. The Germans also constructed railway lines to connect the ports with inland production zones, thereby increasing the volume and efficiency of maritime trade. Following Germany’s defeat in World War I, British administration (an indirect system of administration) took over under a League of Nations mandate. The British continued to modernise maritime infrastructure and expand port operations, further integrating Tanzanian ports into the global economy. However, during this period, maritime trade was predominantly controlled by colonial powers and tailored to serve imperial economic interests. (Hyam, 2006)
After Tanzania gained independence in 1961, the government prioritised the nationalisation and regulation of maritime trade and port services. In 1977, the Tanzania Harbours Authority (THA) was established to oversee and manage the country’s ports. (Tanzania Harbours Authority Annual Report, 1985). This initiative aimed to promote self-sufficiency and state-driven development in maritime commerce. Despite noble intentions, the THA faced numerous operational challenges, including limited investment, inefficiencies, and inadequate maintenance of facilities, which hindered the growth of maritime trade in the long run. (Kakusa, 1999)
In response to the growing demands of international trade and regional integration, the Tanzanian government undertook significant reforms in the maritime sector in the early 2000s. In 2005, the Tanzania Harbours Authority was restructured into the Tanzania Ports Authority (TPA), tasked with modernising port operations, enhancing efficiency, and encouraging private sector participation. Today, major seaports, including Dar es Salaam, Tanga, and Mtwara, serve as vital gateways for both national, regional and international trade, particularly for landlocked countries like Uganda, Rwanda, Burundi, Malawi, Zambia and the Democratic Republic of Congo. Inland ports on Lake Victoria, Lake Tanganyika, and Lake Nyasa further facilitate cross-border commerce and integration with neighbouring states. (East African Community (EAC), Transport and Trade Logistics Strategy 2022–2032)
Ongoing investments in port expansion, automation, and logistics infrastructure continue to strengthen Tanzania’s position as a strategic international trade hub through maritime transportation in East and Central Africa, the Middle and Far East, Europe, Australia and America.
MATERIALS AND METHODS
A. Methods
Given the focus and nature of the research problem, this paper employs a doctrinal legal research methodology, because the study looks at the legal provisions, their development and applicability in the Tanzanian society with reference to maritime transport in Tanzanian trade policy: legal barriers and reform priorities. Doctrinal legal research involves an analysis of legislation, case laws, ordering and systematising legal propositions, and the study of legal institutions and other documents (Jain, Mittal, Kusum, and Kalpauam, 2001). Thus, it creates law as a major tool but not as the only tool of research methodology. The paper was conducted through a review of legal documents and different literature that are relevant to the thematic area of the study, namely, Maritime Transport, international trade law, Tanzania national transport policy, as well as trade policy and legal barriers.
B. Research Design
This paper is classified as a qualitative legal research design as it does not involve statistics in analysing data collected and answering the research questions of the study (Mike & Wing, 2010). In the same vein, this methodology is appropriate as it involves the policies and Laws interpreting such legal Instruments and existing literature on maritime transport. Thus, the paper also involves the use of primary and secondary sources of information.
C. Data Collection
The approach for the collection of data consists of the actual identification and collection of relevant sources and analysis of the same. This assists the researcher in knowing the extent of the paper’s coverage for purposes of identifying legal gaps. It is to be noted that the library-based research method was employed in collecting primary and secondary sources of data as discussed hereunder.
1. Primary Source
Generally, the primary source of data was obtained through primary sources of law. The primary source of legal doctrinal legal research includes pieces of legislation, case law, national, regional and international legal instruments, which will be presented in the part of the paper. The national legislation, both principal and subsidiary, provides the status of the legal and institutional framework in Tanzania in relation to maritime law. With regard to international legal instruments, these have been of great importance in providing a clear understanding of International maritime law standards.
2. Secondary Source
Secondary sources of data furnish the information derived from primary sources. These sources organize the information in a systematic manner and in a planned way. The secondary sources of data were collected by reviewing different literature, which focused on the thematic areas of the paper and included legal textbooks, journal articles, reports, dissertations on various studies relevant to the paper, conference proceedings, and working papers (Mogalakwe, 2019). It is from such review and analysis that the study obtained the latest and in-depth developments on maritime transport in Tanzanian trade policy: legal barriers and reform priorities. Therefore, it can be noted that the paper made use of different relevant physical libraries as well as electronic sources found online to access some materials and legal documents. From such libraries, training centres, various relevant websites, legal instruments, books, online journals, reports, official statements and other materials relevant to this paper were reviewed and analysed with a view to obtaining relevant data, scholarly views and opinions on this paper.
D. Data Analysis
The study is informed by doctrinal legal research, which is concerned with the formulation of concepts, theories and doctrines through analysis of primary and secondary sources of data. The primary sources of data involve the analysis of the legal documents. The analysis of legal documents includes legislation and legal instrument provisions, historical development of law and policies, so as to find a solution to the legal problem. The primary data was interpreted by different canons of statutory interpretation, namely plain meaning rules, mischief and golden rule, and techniques of legal reasoning; analogy, inductive reasoning, which was used to directly address the fundamental rules; deductive reasoning, which was used to analyse previous knowledge as well as analogy in analyzing case laws as data analysis tools. Accordingly, the study focuses on a review and analysis of the legal texts, including cases relevant to the research area. The aim of such analysis is not to generalise, but to understand and interpret the meanings, reasons, motives and intentions that underlie the international legal trading systems. Thus, the whole process involved examining the various national laws, regional and international legal enactments, policies, rules, principles, norms, interpretive guidelines and values which have been presented in this paper. While secondary sources were analysed by content analysis.
RESULTS AND DISCUSSION
A. Legal Framework
Tanzania has no specific policy and legal framework governing maritime transportation. However, there are laws that regulate maritime affairs and maritime transport services and management. However, these laws are admittedly not sufficiently implemented. Tanzania is a developing country situated in Africa. It is among the founding members of the WTO, which came into existence when the Marrakesh agreement was signed on 15th April 1994. The notification process was completed by January 1995, when accession to the WTO was completed. Going by the principle of the single undertaking, Tanzania is a signatory to all WTO agreements, including the General Agreement on Tariffs and Trade of 1994. In Tanzania, trade is also seen as a central and pivotal pillar in attaining efficiency, productivity and International Competitiveness. As a result, the sound and effective use of Maritime transportation is also considered important for the development of international trade in Tanzania (Tanzania Trade Policy, 2023). Therefore, in 2003 Merchant Shipping Act (No. 3 of 2003), Tanzania enacted the Tanzania Ports Act (No. 17 of 2017) and, Tanzania Shipping Agencies Act (No.14 of 2017), were enacted for the management and development of port infrastructure in Tanzania, maritime transport services management and other related matters.
1. National and International Legal Framework
a) Maritime Transport Services and Management
Tanzania’s National Transport Policy provides a longstanding strategic framework to coordinate roads, rail, maritime, and urban mobility. While rooted in the 2003 policy, current implementation is informed by infrastructure scaling, especially SGR construction, major bridge projects, and institutional reforms, to build a safer, regionally integrated, and sustainable transport system. (Tanzania National Transport Policy, 2023)
The Constitution of the United Republic of Tanzania (CAP 2, 1977), This law serves as the supreme law of the land. Similarly, it provides the legal and institutional frameworks within which all laws, including those governing maritime affairs, are provided under Article 64(5). The first schedule of this law lists various unions. Among these are external affairs, which is relevant in the negotiation and ratification of international maritime conventions such as SOLAS and MARPOL. Also, another union matter is defence and security, which also includes the protection of maritime borders by the Navy and the Marine Corps. Also, the natural resources, especially in the Exclusive Economic Zone (EEZ). The constitution also provides the right to work under Article 22, that is to say a Tanzanian citizens are free to work, including seafarers, dock workers and maritime professionals. Therefore, it is of paramount importance to note that, the Maritime Labor rights as governed by the Maritime law must align with the Constitution. Furthermore, the law under Article 107A, the judiciary has given a mandate to interpret and apply the law, including the Maritime law. In addition, the High Court of Tanzania and the High Court of Zanzibar for non-union matters have jurisdiction to hear maritime disputes involving contracts, shipping, cargo, marine insurance, and admiralty claims, also to exercise judicial review over administrative actions by Maritimes
In 2004, Tanzania enacted the Ports Act after the establishment of the National Transport Policy. This law established the Tanzania Ports Authority (TPA), which is responsible for managing and developing port infrastructure in Tanzania. It outlines the powers, roles and functions of the Authority in regulating port operations. The Tanzania Ports Authority (TPA) was established by the Ports Act (No. 17 of 2004) as a landlord port authority. It operates a system of ports serving the Tanzania hinterland and the land-linked countries of Zambia, the Democratic Republic of Congo (DRC), Burundi, Rwanda, Malawi, Uganda and Zimbabwe. The Authority performs the role of landlord and operator with the main functions of promoting the use, development, and management of the ports and their hinterlands, entering contracts for the purpose of delegating the powers of the Authority through licensing and concessions for port services.
Another is the Tanzania Shipping Agencies Act, which establishes the Tanzania Shipping Agencies Corporation (TASAC) as provided under Section 4 (Act No. 14 of 2017). In addition, Section 6 (1) established that TASAC should serve as the principal regulator for maritime transport services, overseeing licensing and compliance within the sector. Furthermore, the TASAC is responsible for maritime administration and safety oversight, enforcement of maritime laws and conventions, coordination of maritime education and training and issuance of licenses to shipping agents and service providers.
Tanzania Shipping Agencies (Shipping Services) Regulations (Government Notice 339 of 2018). These regulations were enacted under Section 31 of the Tanzania Shipping Agencies Act, which provides for the licensing and oversight of maritime service providers. The 2018 Regulations set out the procedures and requirements for registering and supervising shipping agents, freight forwarders, and other service providers operating in Tanzania’s maritime sector. The Tanzania Shipping Agencies Corporation (TASAC) enforces these regulations to ensure transparency, fair competition, and compliance with operational standards in shipping services. The license is also issued under this regulation, meaning that companies seeking to operate as shipping agents in Tanzania must apply for a license from TASAC, meeting specific criteria and submitting required documentation such as proof of incorporation, share certificates and business license.
Moreover, there is the Tanzania Shipping Agencies (Registration of Ships) Regulations (the Government Notice, No. 67 of 2019), which is promulgated under Section 18 of the Tanzania Shipping Agencies Act. These regulations lay down the criteria and procedures for registering ships under the Tanzanian flag. They address matters such as ship ownership eligibility, required documentation, inspections, issuance of certificates, and ship deregistration. TASAC administers these processes to maintain an up-to-date and legally compliant ship registry, in line with international maritime safety standards. Additionally, this regulation applies to a ship with a high risk profile, passengers, ships, tankers, and bulk carriers older than twelve years, or when unexpected factors arise. They outline procedures for expanded inspections of ships calling at Tanzanian ports and anchorages.
The Tanzania Shipping Agencies Cargo Security and Safety of Terminal Operations Regulations, 2023 (G.N. No. 381 of 2023), were issued by the Tanzania Shipping Agencies Corporation. The regulations were enacted to enhance cargo security, safety, and operational standards at Tanzania’s ports and terminals. They set legal obligations for shipping agents, port operators, and related service providers to ensure secure, efficient, and safe handling of cargo. The scope of the Regulations applies to all cargo terminal operators, shipping agents, and persons engaged in cargo handling at Tanzanian ports, covering import, export, and transit cargo and enforcing security and safety procedures in line with International Maritime Organization (IMO) standards.
It can be noted that Tanzania has made substantial progress in aligning with international maritime security standards by legislating the ISPS Code, training dedicated security personnel, enforcing compliance through PSC inspections, and maintaining legal oversight. While capacity building and enforcement continue to improve, the foundation for full compliance is in place, especially at major ports like Dar es Salaam. To effectively comply with and implement the ISPS Code, TPA has in place a dedicated Port Security Unit under the Directorate of Security Services, which is responsible, among other things, for implementing the ISPS Code requirements in the aforementioned facilities. The Port Security, by using the port facility security officers (PFSOs), works closely with other law enforcement organs, including the Tanzania Peoples Defence Force (TPDF), Tanzania Police Force (TPF), Tanzania Intelligence and Security Services (TISS) and other relevant stakeholders to enhance maritime security, manage emergencies and mitigate potential security threats (Mcphyson, 2025).
b) Maritime Affairs
In maritime affairs, the Merchant Shipping Act (CAP 165 R.E.2003) is the principal legislation on maritime issues in Tanzania. The law deals with the registration of ships and shipping companies, licensing and certification of seafarers, maritime safety and security standards, investigation of maritime accidents, protection of the marine environment from ship pollution and the marine labour rights.
Aforementioned, the Merchant Shipping Act is a cornerstone of maritime law in Tanzania, providing a comprehensive framework for the regulation of merchant shipping and related matters. While the Act primarily focuses on the registration, safety, and operation of ships, it also plays a significant role in the resolution of maritime disputes pursuant to Section 4 of the Act.
The Act also establishes the legal parameters within which maritime activities are conducted in Tanzania. By defining the rights and obligations of ship-owners, operators, and other maritime stakeholders, Sections 155, 156 and 348 set the groundwork for identifying and resolving disputes that may arise in the course of maritime commerce. Dispute resolution provisions, although the Act does not explicitly detail arbitration procedures, acknowledge the necessity for resolving disputes that emerge from maritime operations. In this context, arbitration serves as an effective mechanism for the settlement of such disputes, offering a private, efficient, and specialised forum for parties involved in maritime conflicts.
It can be noted that the Maritime Transport Act, 2006(No. 5 of 2006), applies to Zanzibar and the mainland. The Act implements the ISPS‑Code and SOLAS provisions under Tanzanian law and establishes the Zanzibar Maritime Authority, outlining port safety, environmental protection, and maritime oversight.
The Merchant Shipping (Safety of Navigation) Regulations of 2020 focus on navigational safety within Tanzanian waters. They require vessels to utilize modern navigation aids such as radar and GPS and comply with COLREGs (International Regulations for Preventing Collisions at Sea). TASAC is empowered to monitor navigation systems and investigate marine accidents. These regulations are key to safeguarding maritime transport routes along the Tanzanian coast and inland waters.
Merchant Shipping (Ship Inspection and Survey) Regulations, 2020, are also grounded in the Merchant Shipping Act. These regulations provide procedures for inspecting and surveying vessels to ensure compliance with safety and seaworthiness standards. The regulations empower TASAC to detain unsafe ships, supervise periodic surveys, and coordinate with recognised classification societies. These inspections are critical for enforcing Tanzania’s obligations under the International Convention for the Safety of Life at Sea (SOLAS 1974).
At the regional level, there is the African Maritime Transport Charter (2010). The African Maritime Transport Charter is a regional instrument adopted by the African Union to promote the development of efficient and safe maritime transport systems in Africa. Tanzania, as a signatory, commits to regional cooperation in areas such as port development, shipbuilding, maritime training, and environmental protection. The Charter supports Tanzania’s strategic maritime development goals and integration with regional economies.
On part of international level, there is the International Convention for the Safety of Life at Sea (SOLAS, 1974). SOLAS Convention sets minimum standards for ship construction, equipment, and operation to ensure maritime safety. Tanzania enforces SOLAS standards through its Tanzania Shipping Agencies Corporation, especially for vessels operating under the Tanzanian flag and those docking at Tanzanian ports. It mandates safety inspections, life-saving appliances, fire protection measures, and emergency procedures. SOLAS is especially critical given Tanzania’s role as a maritime trade gateway in East Africa.
Another international legal instrument is the Djibouti Code of Conduct (2009). The Djibouti Code of Conduct is a regional agreement among Western Indian Ocean states, including Tanzania, aimed at suppressing piracy and armed robbery at sea. It provides a framework for information sharing, capacity building, and joint patrols. Tanzania’s participation in the Code strengthens maritime security in the region and enhances international cooperation against maritime crime. (Retrieved from https://www.dcoc.org on July 28, 2025).
The International Convention for the Prevention of Pollution from Ships (MARPOL, 1978), this convention is a key international agreement aimed at mitigating marine pollution from shipping activities. MARPOL is instrumental in setting global standards for preventing and minimising oil pollution from ships, among other pollutants. Annexe I of MARPOL specifically addresses the prevention of pollution. It establishes regulations designed to minimise the discharge of oil into the sea from ships, outlining stringent measures for controlling oil pollution. For instance, Annexe I mandates the installation of oil filtering equipment and separation systems on ships to prevent oil discharge. It also requires the maintenance of comprehensive oil record books, which document all oil-related operations and discharges, thus ensuring transparency and accountability. An additional international legal instrument is the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW, 1978). STCW sets global standards for the training and certification of seafarers. Tanzania applies these standards to ensure its maritime workforce is competent and internationally recognised. TASAC and local training institutions are responsible for implementing STCW obligations, which enhance safety and professionalism in maritime operations (Kabitina & Rwechungura, 2024). There is also the International Convention on Maritime Search and Rescue (SAR, 1979). The SAR Convention establishes an international framework for maritime search and rescue operations. Tanzania, as a coastal state, is responsible for organising and coordinating search and rescue activities within its designated maritime search and rescue region. TASAC cooperates with neighbouring countries and international partners to provide a timely response to maritime distress calls, thereby fulfilling its humanitarian and legal obligations under this Convention.
The Unlawful Acts against the Safety of Maritime Navigation (SUA, 1988). The Convention criminalises intentional acts that threaten the safety of maritime navigation, including hijacking, sabotage, and violence against ship personnel. Tanzania enforces SUA provisions to address maritime piracy, smuggling, and other illicit activities along its coastline. This is crucial in safeguarding shipping routes and ports from transnational threats, particularly in the Mozambique Channel.
The World Trade Organisation (WTO) General Agreement on Trade in Services (GATS, 1994) is an important International Legal instrument in maritime transportation because it also covers marine services, such as port operations, cargo handling, and shipping agency services. Tanzania is obliged to provide fair and non-discriminatory access to these services for foreign operators. This commitment contributes to the liberalisation and competitiveness of Tanzania’s maritime sector and supports its participation in global trade.
2. National and International Institutional Framework
a) The Ministry of Transport
In Tanzania, the Ministry of Transport is the primary government body responsible for regulating the Transport sector in Tanzania. The ministry plays a pivotal role in ensuring compliance with the ISPS Code by overseeing the key institutions, namely: Tanzania Shipping Agency Corporation (TASAC), together with Tanzania Ports Authority (TPA) are complying and effectively implementing the ISPS Code. The Ministry ensures both TASAC and TPA function effectively by providing them with policies, directives, funding and strategic coordination in matters of maritime security.
Furthermore, the Ministry also liaises with international organisations, including but not limited to the International Maritime Organisation (IMO), the United States Coast Guard, which annually inspects the port security and others, to ensure that Tanzania meets and implements its international maritime security obligations. The Ministry also plays a critical and crucial role in developing and shaping the national maritime security law and policies that aim at aligning Tanzania with the ISPS Code requirements.
b) Tanzania Ports Authority (TPA)
The Ports Act, No. 17 of 2004, established the Tanzania Ports Authority to manage and operate the country’s sea and inland waterway ports. TPA is responsible for port development, provision of port services, and ensuring efficient cargo handling and vessel operations. The Act gives TPA the mandate to plan, build, and maintain port infrastructure, as well as regulate private operators within port premises. Major ports under its management include Dar es Salaam, Tanga, Mtwara, and lake ports across Lakes Victoria, Nyasa, and Tanganyika. TPA manages and operates, among others, the Dar es Salaam port. This port is the major and the gateway to international trade as it serves the neighboring landlocked countries, including the Democratic Republic of Congo (DRC), Malawi, Zambia, Rwanda, Burundi, Uganda and Sudan. The port has six (6) facilities which are serving international ships, including passenger, container, general cargo, oil and dry bulk and Motor vehicle terminal.
c) Tanzania Shipping Agencies Corporation (TASAC)
TASAC is the leading maritime regulator in Tanzania, established under the Tanzania Shipping Agencies Act. This Act vests TASAC with authority over maritime administration, regulation, and enforcement. The corporation is tasked with implementing international maritime conventions, performing flag state and port state control, registering ships, and licensing maritime service providers. Additionally, the Act empowers TASAC to supervise maritime education and training institutions and ensure maritime safety and environmental protection.
At the global level, there is the International Maritime Organization (IMO) Convention. Tanzania is a member of the International Maritime Organisation (IMO), a specialised UN agency responsible for promoting maritime safety and preventing marine pollution from ships. Several IMO conventions are directly applicable to Tanzania’s maritime regulatory framework.
LEGAL BARRIERS TO EFFICIENT MARITIME TRANSPORT
A. Regulatory Inconsistencies
Regulatory inconsistencies in Tanzania’s maritime transport sector are considered a legal barrier to efficiency because they create uncertainty, increase compliance costs, and discourage investment in the shipping industry. Conflicting Laws and Regulations, causing multiple overlapping authorities, such as the Tanzania Shipping Agencies Corporation (TASAC), the Tanzania Ports Authority (TPA), and other government agencies, sometimes issue rules that overlap or contradict one another. (Performance Audit by Controller and Auditor General of Tanzania 2024). These conflicting mandates cause confusion for shipping companies on which rules to follow, leading to delays in port operations and increased administrative costs. Not only that, but also regulatory inconsistencies leading to Inconsistent Enforcement. Regulations may be applied differently at different ports. For instance, Dar es Salaam versus Mtwara or even within the same port by different officials. This creates unpredictability in clearance procedures, documentation requirements, and inspection processes, which affects scheduling and turnaround times for vessels. Therefore, Regulatory inconsistencies in Tanzania’s maritime sector act as a legal barrier because they reduce predictability, increase operational costs, and slow down cargo clearance, making the transport system less efficient. Harmonising and stabilising maritime regulations and ensuring consistent enforcement would improve Tanzania’s competitiveness as a maritime hub (Rajab & Gurumo, 2024).
B. Outdated legislation
Outdated legislation in Tanzania’s maritime transport sector is considered a significant legal barrier because it fails to reflect modern shipping practices, international standards, and technological advances, which in turn reduces operational efficiency, increases compliance risks, and discourages investment. Outdated legislation facilitates misalignment with International Maritime Standards. Tanzania is a signatory to several International Maritime Organization (IMO) conventions, such as SOLAS for safety, MARPOL for pollution prevention, but some of its maritime laws are not fully aligned with these updated legal frameworks. For example, the Merchant Shipping Act, 2003 (Mainland) and the Maritime Transport Act, 2006 (Zanzibar) have not been comprehensively updated to incorporate newer IMO requirements. This misalignment can make Tanzanian ports less attractive to international shipping companies that expect compliance with global norms. Therefore, Failure to Address Modern Shipping Realities, Outdated laws may not cover current practices such as digitalised cargo clearance systems, electronic bills of lading and modern port security requirements (Kabitina & Rwechungura, 2024). This forces operators to work under outdated manual processes, causing longer vessel turnaround times and bureaucratic inefficiencies. In addition, outdated maritime transport legislation in Tanzania acts as a major legal barrier by preventing full integration into the modern global shipping system, creating inefficiencies that slow cargo movement and discouraging investment due to legal uncertainty and higher operational costs (IMO training initiative 2023).
C. Weak Enforcement Mechanisms
Weak enforcement mechanisms mean that even if laws and regulations exist, they are not applied consistently, effectively, or promptly. Therefore, even if laws are well-written and aligned with international conventions like SOLAS and MARPOL are only effective if they are applied consistently and firmly. In Tanzania Shipping Agencies Corporation on the Mainland and the Zanzibar Maritime Authority have limited inspection coverage compared to global best practice. Port State Control inspection data from the Indian Ocean MOU shows relatively low inspection frequency and variable detention rates, signalling weak application of safety rules. This means even when laws exist, their deterrence value is weak, allowing substandard vessels and unsafe practices to operate. Weak enforcement reduces predictability in the maritime sector due to the fact that international shipping lines cannot rely on uniform enforcement of safety, customs, and security rules. Some vessels and operators comply, others exploit the system, creating unequal competitive conditions. This unpredictability discourages investment in Tanzanian maritime infrastructure and services. It can be noted that non-compliance can also lead to reputational damage and a loss of credibility on a global scale (Tanzania National Audit Office Report, 2025).
D. Jurisdictional Conflicts between Mainland Tanzania and Zanzibar
Jurisdictional conflicts between mainland Tanzania and Zanzibar significantly act as a legal barrier in maritime transport because they create uncertainty, duplication of procedures, and weak enforcement coordination between the two maritime regimes. Due to the nature of the Jurisdictional Conflict, Tanzania is a Union between Mainland Tanzania and Zanzibar, but maritime transport is partially a Union matter. In practice, two separate legal and regulatory systems operate; Mainland Tanzania is overseen by the Tanzania Shipping Agencies Corporation (TASAC) under the Merchant Shipping Act, 2003. Zanzibar is overseen by the Zanzibar Maritime Authority (ZMA) under the Maritime Transport Act, 2006. While both are bound by international maritime conventions such as SOLAS and MARPOL, laws and enforcement practices differ. Some vessels that operate between the Mainland Tanzania and Zanzibar must comply with two different sets of licensing, safety, and inspection rules, which may not be harmonised. This can result in duplication of compliance costs and delays in cargo clearance. Similarly, there are gaps in enforcement because the two authorities operate independently, and there can be overlaps, then both are trying to regulate the same operator (Rajab & Gurumo, 2024).
CONCLUSION AND RECOMMENDATIONS
A. Conclusion
Tanzania’s maritime transport sector plays a pivotal role in facilitating both national and regional trade. However, its potential is significantly hindered by regulatory inconsistencies, outdated legislation, weak enforcement mechanisms, and jurisdictional conflicts between Mainland Tanzania and Zanzibar. These legal barriers undermine compliance with international maritime standards, reduce operational efficiency, discourage investment, and limit Tanzania’s competitiveness as a regional maritime hub. Although Tanzania has ratified key international maritime conventions such as SOLAS, MARPOL, and the STCW, its effective implementation is constrained by fragmented governance structures, limited institutional capacity, and a lack of harmonisation between legal frameworks. The persistence of manual and outdated administrative processes further slows vessel turnaround times and increases trade transaction costs. Without coordinated legal reforms and stronger enforcement, Tanzania risks losing its competitive edge to other regional ports with more efficient and predictable regulatory environments.
B. Recommendations
1. Establishment of Maritime Transport Policies
There is a strong need for a specific maritime transport policy in Tanzania because the country’s current approach is fragmented, outdated, and spread across multiple legal and institutional instruments without a single, unified strategic direction. Furthermore, Tanzania is a gateway to East and Central Africa, serving not only its own trade but also that of landlocked neighbours such as Uganda, Rwanda, Burundi, Zambia, Malawi, and the DRC. Over 90% of Tanzania’s international trade is handled through maritime transport. A dedicated maritime transport policy would prioritise maritime development as a national strategic interest, just like aviation and road transport already have.
2. Harmonise Mainland and Zanzibar Maritime Laws
Develop a unified national maritime legal framework that reconciles the Merchant Shipping Act, 2003 and the Maritime Transport Act, 2006, to eliminate conflicting provisions. Establish mechanisms for mutual recognition of licenses, inspections, and enforcement actions between the Mainland Tanzania and Zanzibar authorities.
3. To Revise Legislation to Reflect International Standards and Modern Practices
There is a need to revise outdated statutes to incorporate the latest IMO conventions and guidelines. Legally mandate the adoption of digitalised cargo clearance systems, electronic bills of lading, and modern port security protocols.
4. Strengthen Enforcement Capacity
Enhance Port State Control inspection coverage to meet or exceed Indian Ocean MOU benchmarks. Provide TASAC and ZMA with adequate resources, training, and technology to ensure consistent and effective enforcement of safety and environmental standards. Increase penalties for non-compliance to deter unsafe and substandard shipping practices.
5. Capacity Building and Stakeholder Engagement
Invest in continuous training for maritime law enforcers, inspectors, and legal officers. Engage with private sector stakeholders, regional bodies, and international partners to develop best practice guidelines and share compliance strategies.
6. Public Awareness
Awareness Programs for Maritime Stakeholders through massive awareness campaigns and training programs for stakeholders in the maritime industry, especially the port community, should be conducted. This is due to the fact that educated stakeholders are more likely to cooperate in compliance and implementation requirements to secure the port and its infrastructure.